The United States Department of Transportation Office of Alcohol Policy and Compliance (DOT) released a “CBD Notice” yesterday (Notice). Although it purports to clarify the law with respect to a certain category of “safety-sensitive” employees, it really just muddies the water. Fortunately, and as the DOT clearly states, the Notice does not have the effect of law.
In recent months, The United States Attorney General Jeff Sessions has been in written correspondence with several legal cannabis states over his concerns of the federally controlled substance.
Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle accidents and consumption-related injuries. The potential for an increase in the number and value of cannabis-related product liability claims and lawsuits, however, is of particular concern to the cannabis and insurance industries. The production, distribution and sale of an ingestible product that has psychoactive effects – accompanied by a wide range of anticipated labeling and marketing representations – will certainly result in robust product liability litigation.
The New Jersey Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq. (the “Act”), was enacted and signed into law by Governor Jon S. Corzine in January 2010, days before Governor Chris Christie took office.